[Solved] Help on overnight stays

Is she taking you to court or the the CMS? The CMS work on multiples of 52 days and you haven't fallen below 104 days, which is one of the thresholds, so that wouldn't make any difference to the child maintenance.

Thanks for your help. She is taking me to an Oral Appeal with the HM Courts as she has appealed the decision of the CSA. The nights for this next year will work out at 104 exactly but that counts the nights when I have my daughter and allow her to stay with my mother for approx 7 nights a year. The issue I have is wether this counts as being under my supervision or not.

Thanks again for your help

Hi there

It's a grey area and a subject I know little about. I would have thought that the Initial CSA decision would be hard to appeal against, she is asking one government department to go against the decision of another.

As far as your daughter staying with her paternal grandmother, she is still under your care when this happens and that's what I would argue. Is the mother saying that she never sleeps away from the maternal home, and when she does the mother isn't the parent with care or the point of contact if anything were to happen...I think not!

If your contact arrangements were court ordered, the times when your child was with you are set and what you did and where you allowed her to stay during that time would be your decision.

Personally I think she has a weak argument, but I have no direct experience, just an opinion.

All the best

I'm guessing that it's a tribunal rather than court, as the courts can't override CSA decisions as far as I'm aware. Tribunals have some leeway and can use common sense in making a decision (unless it's changed) so I would hope that they will find in your favour.

Thanks for the advice. I Can't seem to clarify anywhere whether the nights when my daughter is under my care and stays with a grandparent or friend counts as my nights. This is what my ex had based her appeal on even though my daughter stays out often when she is under her care. Seems very unfair

Yes it is a tribunal and she is basing it on the fact that some nights when in my care I allow my daughter to stay with her grandmother or friend even though when under her care she stays out often. Doesn't seem very fair on my daughter who is 16 if I no longer allow her to stay out. I can't seem to get a concrete answer on whether it counts as overnight when she is in my care if she stays out.

It's a grey area - but I would say that she is still your responsibility when she is with your parents. and not your ex's.

Hi

I have the same kind of question...
With my ex, we had decided at the beginning of the year a calendar for my daughter.
Then, when she was supposed to be with me I have booked holiday for my daughter (=she is NOT staying with me but with other kids)
I paid for it, the cost is very expensive...

I would like to know if my ex could argue that the number of nights spent could not count as night spent with me.
in this case, how the CSA count the nights? do you count the night not spent with the dad? or not with the dad and not with the mum?
let's say : if a dad has to do 5 out of 14 and the kids spends 10 nights in a camp (paid by the dad) and 5 days with friends, in both cases, the kid is not with the mum and not with the dad.
do you count 5 out of 14 for the year (365) or for the nights spent with the parents (so 5 out of 14 for 365-15) or?

we have a family based agreement based on CSA calculation.

thank you

I think common sense is needed, obviously camping trips with peers is great for the child's personal development and it shouldn't boil down to an arguement about the nights away in regard to maintenance payments. I would hope that both parents would look at it in that way and not quibble about wanting a reduction.

As you have a family based agreement, it's up to you to negotiate an changes, but if she wanted to take the nights away from you as a reason to increase a payment, you could counter that if that's the way she wants to work it, you want half of the cost of the trip.

thank for your reply!